HomeMy WebLinkAboutResolution - 2005-R0094 - Order Form And Amendment To Software License Agreement - Indus International - 03_04_2005Resolution No. 2005-R0094
March 4, 2005
Item 22
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Order Form and an
Amendment to Software License and Service Agreement by and between the City of
Lubbock and Indus International, Inc., amending the Software License and Service
Agreement with Teldata, Inc. dated August 12, 1999. Said Order Form and Amendment
to Software License and Service Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the Minutes of the City
Council.
Passed by the City Council this 4th day of Larch , 2005.
ATTEST:
Rebecca Garza, City Secretary
APPROVED,.AS TO CONTENT:
of Information Technology
9
as/ccdocs/res-Teldata, Inc.
February 24, 2005
Resolution No. 2005-R0094
EXHIBIT 1
ORDER FORM
for Indus International (formerly SCT Utility Systems, Inc.) Software License & Services Agreement
and Technical Currency Agreement
LICENSEE:
SLSA and TCA AGREEMENTS EFFECTIVE:
ORDER FORM EFFECTIVE DATE:
"SHIP TO" ADDRESS:
1301 Broadway Avenue
Lubbock, TX 79401
Contact: Solomon Fields
Telephone No.: 806-775-3426
Fax No.: 806-741-1069
Email: sfieldsAmail.ci.lubbock.tx.us
The City of Lubbock Texas
August 12, 1999
March .2005
"BILL TO" ADDRESS (if different):
Same as Ship To Information
Contact:
Telephone No.:
Fax No.:
Email:
This Order Form is attached to and, upon execution by both parties, becomes a part of the software license and services
agreement and the technical currency agreement identified above (the "Agreement"). To the extent the terms of this Order
Form conflict with or are inconsistent with the terms of the Agreement, the terms of this Order Form shall govern and the
Agreement shall be deemed amended accordingly. Capitalized words not defined herein shall have the meanings ascribed
to them in the Agreement.
LICENSED SOFTWARE:
Licensed Component Systems
Source
Code
Licensed
Maximum/Customers
Named Users
Other
Restrictions
Fee
(USD)
CUSTOMER SUITE:
Yes
100,000 Customers
Advantage CIS
BillGen*
iContact
iTar et
EWQ
CWA
EnerLink.net*
iintelli ence*
Advantage Data Extract
Manager
Customer Suite
Complementary Products
Advantage Data Archive
Manager
Yes
100,000 Customers
SERVICE SUITE:*
No
WorkO timizer
35 Named Users
WorkCenter
30 Named Users
WorkMobile
35 Named Users
WorkExecutive
10 Named Users
WorkMana er
10 Named Users
Application Definition Toolkit
10 Named Users
ASSET SUITE:*
No
10 Named Users
Product Foundation
Personal User Interface
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Indus International, Inc. - CONFIDENTIAL
Portal/J User Interface
Equipment Database
Security
AAA
Architecture
Financial Transaction
Infrastructure
Analyst Workbench
Document Workbench
Programmer Workbench
Data Services Workbench
Transaction Analyzer
Data Load Products
IndusConnect Framework
("ICF") (includes 2 Business
Objects listed below
Work Management
Work Management
Project Management
Engineering Change Control
Design Engineering
Labor Entry & Reporting
Action Tracking
Supply Chain
Inventory Management
Purchasing
Accounts Payable
Contract Management
Procurement Engineering
Document Management
Safety and Compliance
Material Safety Data Sheet
Management
Total Exposure
Personnel Qualifications Data
Equipment Tag Out
Business Objects
Work Order BO 8.01
Schedule BO 8.03
ORACLE PRODUCTS:
No
See Note 1
below
Oracle Server
Total 64 Concurrent
Users
Application Server Enterprise
Edition
Total 64 Concurrent
Users
Developer
5 Named Developers
Programmer
5 Named Developers
Tuning Pack
Total 64 Concurrent
Users
Diagnostic Pack
Total 64 Concurrent
Users
Change Management Pack
Total 64 Concurrent
Users
Total License Fee
$140,000
* Newly licensed software under this Order Form
Note 1: Oracle software was previously licensed by Licensee and is subject to the terms and conditions of the
Agreement.
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TECHNICAL CURRENCY (MAINTENANCE) SERVICES:
LEVEL OF SERVICE: Silver
ANNUAL ESCALATION CAP FOR NEWLY LICENSED SOFTWARE: CPI
PAYMENT:
All license fees under this Order Form are non -cancelable and non-refundable. The license fee, as set forth above, is due
and payable upon the Effective Date of this Order Form.
Maintenance Fees shall be payable as follows:
For Licensed Software:
Maintenance Period
From Order Form Effective Date — 08/31/05
9/1/05 — 8/31/06
For Existing Software licensed
Prior to Effective Date of Order Form:
Maintenance Period
09/01 /04 — 8131 /05
09/01/05 — 8/31106
Payment Due Date Maintenance Fee
08/01/05 $ 12,600
08/01/06 $ 25,200 + CPI
Payment Due Date Maintenance Fee
08/01 /05 $151,864
08/01/06 $151,864+ CPI
Maintenance Fees for the newly Licensed Software and existing Licensed Software licensed prior to the Effective Date of
this Order Form will be calculated as stated herein, combined and listed as one line item on the invoice in the amount of
$177,064+ CPI for the maintenance payment due and payable on August 1, 2006 for the period September 1, 2005
through August 31, 2006.
ADDITIONAL TERMS AND CONDITIONS:
Additional Definitions:
The following definitions are hereby added to the License Agreement:
"CPI" means, at the time of the escalation calculation, the percentage increase in the United States Consumer Price Index
for all Urban Consumers for All Items, not seasonally adjusted, for the most recent twelve-month period ending prior to the
maintenance term renewal invoice.
II. Confirmations: Licensor and Licensee confirm and agree that they have: (i) entered into this Order Form to
order additional Licensed Software (as noted above); (ii) convert to Customer Suite; and (iii) supersede and replace the
Licensed Software listed on Exhibit 1 Effective August 12, 1999.
III. Shipment:
To the extent not already delivered, the Licensed Software licensed herein will be shipped prepaid FOB Indus shipping
location.
IV. Maintenance Fee Escalation:
Section 3. (a) Technical Currency Fees. The annual escalation cap for Technical Currency Fees (Maintenance Services
Fees) provided by Indus from 7% to CPI for all Licensed Software.
V. Equipment and Third Party Software:
To use any of the Licensed Software, Licensee must also obtain, install on the Equipment and maintain Licensor certified
versions of certain third -party database software products, certain software and hardware peripherals. By this notice,
Licensor is advising Licensee that Licensee should consult with its Indus representative to obtain a listing of such necessary
third -party products and peripherals.
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Indus International, Inc. - CONFIDENTIAL
EXPIRATION OF OFFER: This Order Form and offer contained herein will expire if not signed by Licensee and returned to
Indus on or before March 15, 2005.
THE CITY aF LUBBOCK TEXAS
By:
Printed Name: Marc McDougal
Date: March 4, 2005
Attest:
R ecca Garza
City Secretary
Approved as to Content:
Mark earwoo
Director of Information Technology
Approved as to Form:
r-
INDUSA 1 ERNATION INC
By:
Printed Name: St >? r As r iu 1 ► _ ci k& I
Title: r JPL- 5 �, N) -� 47
Date: 1 — O 4J
4
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